The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-30

the defendant Either occupied a por-
ton OF the cabin six or seven weeks;
we used candles for light; miners can
sticks; was usually one in Leech' s room;
know James Donahue; have known
him two years; know Leech and have
known Mike Flaherty six or eight
years; did not see him on the 7th;
never saw him IN the cabin at any time
until he was dead; the next morning;
was IN the room before supper about 5
o'clock, and trying to sleep In the fore
part of the afternoon. but towards even.
ing 1 was sitting on the bench
waiting for supper; saw Bert
Either and Gl Johnson there;
saw no one in Leech's room before
that; Either and Johnson came in close
together; we had a drink together
there before they came. l heard Donr-
hue talking in Leech's room; Donahue
said: He's no good anyway. can
handle that man under oath; l can kill
that man, can get away with him any
way" He said that over and over,
several times: Leech was talking as a
man drunk, and said: IN have no
such racket here in this cabin while I'm
here. I'm going away before long any
way" Soon after this l heard him
say: "I knew this boys father twenty
years ago in California. There sounded
like third man was in the room.
AFTERNOON.
THOMAS P. LEWIS testified to having
made an examination of the premises
the Sunday after the shooting, found 8
bullet in the back of the bunk, and
blood stains on the bunk boards about
six inches from the foot, on the east
end. (Was witness reserved by the
prosecution).
JOHN DILLON continued-Cross-e
amined-Between the rooms on the
east and mine there was a doorway
but no door. The door was Open1a
little between my room and that of
Leech; went into the cabin just after
dinner, and went out to supper at s.;
Gil Johnson came in with me after
supper; during the afternoon Gil John
son came out of Leech's room with Bert
Either into my room; had told John.
son to wake me up II he did not see
me around before O'Clock, and l sup
pose the second time he came in was
for that purpose; they had some
whisky; it was before they came in I
heard the conversation; Ethier was
not with him the second time:
Either called his attention and
mine to the pistols; he turned
down the bed clothes and exposed two
pistols and said, there's battery emo Ugh
for anything that may turn up" L saw
him offer one of the pistols for sale and it
was empty | said to Mr.. Either, You'd
better look out and take care of Leech
tonight" Either said, Yes, 1 IL see that
he don't have this cabin tonight, I've
got some money for him, about Sl9,
and will keep it for him till morning"
7 Inf tn1 nd nm
had been drinking a good deal; the talk
was mumbled, as by drunken man;
Either was not in the cabin when /
heard this talk he had been gone ten or
fifteen minutes; Johnson came about
the same time Either did the last time;
Either was there in the west room when
Johnson and | left, about o'clock; I
heard Eth;sr and Donahue cursing each
other as | went out but could not tell
what they said.
Redirect by defense-Have told Mr..
Evans and Brown before what l would
testify to; (Witness said he had refused
up till now to talk with defendants
counsel), what he did say, witness told
defendants counsel, was all he knew,
told the prosecution about Here Was
battery enough TO stand off anything
that might turn up, and that Donahue
and he were cursing each other. Either
was intoxicated Burt was laughing
when he made the remark about there
being battery enough TO stand off any
thing that might turn up; l had
handled the pistols several times; they
were in the scaobard; he wanted to sell
one to Gil Johnson; that if he could
sell one he would 60 to Stockton; Leech
asked me two days before about the
pistols, and if they we're loaded; the
pistols were exposed to view; told
him that | thought one WIS empty.
prosecution (Brown)- told you in
Mammoth Hollow that l did not know
anything about the case. [ did not
want to come as witness.
To defense-What l meant, when |
told Either to look out for LeeCh that
night, was because ne (Leech) was
drunk.
w. d. STANLEY-Haye been drinking
a little; feel the effects of IL now. wit
ness was excused until he could sober
up.)
DEPUTY McLELLEN-Went to Tintic
soon after the homicide; went into the
cabin, found one bullet hole in the
northwest end of Leech's room, at the
centre of the end of the bunk, about
two feet high; found another bullet
mole III Lu6 cdSb cuOi dDOuG ClBAL luCASS
above the floor. slanting downward;
made an examination before that, and
did not find the bullet either time; a
small box was by the bullet hole on
the east end; examined the premises
first with Dillon, second with Messrs.
Adams and Sullivan, and again with
Mr.. Croxall. put my whip through
the holes, and think the one in the
west end was the larger hole; 1 saw
blood upon the floor behind the bunk;
1 moved the bunk, in company with
Mr. Adams; was examining the cabin
partly in my own interest and partly IN
the interest of Mr.. Adams; had heard
there were more bullet holes than at
first reported. (The bullet hole in the
head of deceased, and bullet found O -
the bunk, the second one in the west
end of the cabin, and the third in the
east end). l knew there were more
than two bullet holes before l
first went over there, but did
not find it until the last time.
The bullet hole was very small through
the cloth lining of the room, but quite
a hole through the board under the